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Home My WebLink AboutPD 2020-0050; Colinas de Oro Community Association; 2021-0612414; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2021-0612414 1111~1 ~Ill 1111111111 llll lllll 11111111 llfl lllll 1111111111111111 Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J, Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkims: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _;2;;..;;5 ...... 5-....;.1..a.a52;;..-..a.a02;;;.__ _____ _ PROJECT ID: ....;.P....;:D::...::2=0=20;;_-=00::...::5c..::.O _____ _ PROJECT NAME: Colinas De Oro Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 528-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, Colinas de Oro Community Association, a Non-Profit Mutual Benefit Corporation, the applicant for the project and the party with the legal obligation to maintain the drainage system promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. 1 Q:ICEDII.IJl'ldOevlPROJECTS\POIPO 2020\P02020-0050 Colmas Do Oro• McLovghllnlB&A\7925 Callo San Fohpo\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA coc 01125/13 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 0 \CEOILanclOev\PROJECTSIPDIPD 2020\PD2020-00SO Colinas De Oro• Mclaughln\B&A\7925 Calle San Fehpe\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE•HOAcloc 01125/13 IN WITNESS WHEREOF, the undersigned ~ day of _J/"-'-'-,lti--'-~---'¥,-----' 20.£J has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By JOOJM~ Assistant City Attorney City of Carlsbad APPLICANT Colinas de Oro Community Association, a Non-Profit Mutual Benefit Corporation By 4?L/ Justin Gamble, President (print name and title} Date: 1lii.f-i, By: Date: (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 O:\CEO\l.andOovlPROJECTSIPO\PO 20201P0202'>.0050 Colinas De Oro· Mclaughl.n\B&A\7925 Calle San Felipe\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE-HOA doc 01125113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ---~ A notary public or other officer completing this certificotc vcririosonlylhe 1Cic)lltityofthc individual whosig11cd lhe document to which this cortificato Is auached, and not the truthfulness, accuracy, or v~lldity of th~t document. ---------------------who proved to me on tho bosls of satisfactory evidence to be the pcrson(s) whiose nomc(s) ls/are subscrlb~ to the within ln~trumont and ocknowlodgc.-d to me.-thot ho/she/they executed tho some In his/her/their authorized cnpoctty(lcs) . .'.lnd 111,11 by hls/t1er/tt1elr slgnoturc(s) on the Instrument the pcrson(s). or the entity upon behalf of which tho pcrson(s) octcd, exocuted the Instrument. Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the Stato of Cftllfornlo that the foregoing paragraph IS true ;:ind correct. Signature ___,p...,c....;....~~w_.i_~6 OPTIONAL ---+-,,........ Completing this Information can clctor a/tcrot/on of tho documMt or fraudvlent reattCtchment of this form to an unlntenclecl cJocument. Description of Attached Document TIiie or Type of Document: _________________________ _ Document Date: ...... __________ ........... . -·· .. ·-·-··· _ Numborof Pages: .. ., __________ _ Slgnor(s) Other Thon Named Ab,ove: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Nnme: □ Corporate Officer -Tltle(s): ______ _ □ Portner -□ Limited □ General Stgner·s Nnme: ____________ _ □ Corporate Officer -Tltlo(s): _____ _ □ Par1nor -O Limited O Goneml □ 1nd1vldual □ Attorney In Foct □ Trustee □ Guardino or Conserv,,tor □ lndlvldu.:il □ Atto1ney In Fact □ Trustoc o Gunrdion or ConservotOf □ Other: _____________ _ □ Other: --------~-----Signer Is Roprosentlng: ____ _ Signer ts Represontlng: ________ _ --18E11!90J&JGJ&JOtAJ$CAAXP8EI081Ak14AhOO&WSG i I ! ~ !ln"118M 6 11 ti I U BJ4lAI 8 lli8t8J8 02019 Na1ionnl Nou,ry Association 4 O:ICEOILandOev\PROJECTSIPOIPO 2020\PO2020-0050 COlinas De Oro -McLeughtin\S&A\7925 CaMe Sen FellpelHOLO HARMLESS AGREEMENT GEOL0131CAI. FAILURE-HOA doc 01/25/13 Exhibit "A" Legal Description LOT 7, OF CARLSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDINO TO MAP THEREOF NO. 10898, FILED lN TiHE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL JO, 1984. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN THE DECLARATION Of RESTRICTIONS RECORDED JUNE IS, 1984, AS FILE NO. 84-226377 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO NOW OF RECORD, ALL OF WHICH ARE IN CORPORA TED HEREIN B'/ REFERENCE TO SAID DECLARATION WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. A.P.N. 2SS-I 52-02-00